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04 October 2007 / Charmaine Murray , Lee Parkhill
Issue: 7291 / Categories: Features , Public
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A difference of opinion

Functions of a public nature should be defined on a case by case basis. Lee Parkhill and Charmaine Murray explain

In YL v Birmingham City Council and others [2007] UKHL 27, [2007] 3 All ER 957 their lordships considered the scope of the Human Rights Act 1998 (HRA 1998), s 6(3)(b), which allows for bodies other than core public authorities to be subject to the obligation, contained in s 6(1), which requires them to act compatibly with the European Convention on Human Rights (the Convention).

An otherwise private body may be regarded as a public authority for the purposes of HRA 1998 if, per s 6(3)(b), it performs “functions of a public nature”. Such a body is commonly referred to as a hybrid public authority. The obligation on such hybrid bodies to observe Convention rights attaches only to functions which are of a public nature. Therefore, determining the scope of s 6(3)(b) is necessary not only to identify which bodies are subject to the obligation in s 6(1), but also to determine

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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